Updated on March 28, 2019.
The Gist:
Here’s the thing, we (the friendly people here at The Legal Drone) run a blog and website and we’d really like you to use it. Of course, our posts and information are free, although we are involved in affiliate relationships (discussed below) and also have paid classes available on other sites. Our site is meant to provide you with a great start when becoming involved with drones, whether this is on a personal or professional level. We want to do everything we can to help you succeed.
The Legal Drone Terms of Use
The following terms and conditions along with our Privacy Policy (the “Terms”) govern all use of www.thelegaldrone.com, any of its sub-domains, associated services and content (collectively the “Site”). The Site is owned and operated by Zachary P. Elliott, d.b.a. The Legal Drone (“The Legal Drone”). The Legal Drone has adopted these Terms to inform you of your rights and responsibilities when using the Site.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. YOUR ACCESS TO AND USE OF THE SITE IS CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THE TERMS.. THESE TERMS APPLY TO ALL VISITORS, USERS AND ANYONE ELSE WHO ACCESSES OR USE OUR SITE. BY ACCESSING OR USING THE SITE YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DISAGREE WITH ANY PART OF THE TERMS THEN YOU MAY NOT ACCESS THE SITE AND MUST DISCONTINUE USE IMMEDIATELY.
THE LEGAL DRONE MAY MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE SITE OR THIS AGREEMENT. IF THE LEGAL DRONE DOES SO, YOUR USE OF THE WEBSITE AFTER THIS MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR AGREEMENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT.
- TheLegalDrone.com
The Legal Drone provides an educational resource for drone pilots of all levels, from hobbyists to professionals, including information about 1) becoming an FAA-certified drone pilot; 2) forming and running a drone business; and 3) informational posts regarding drone-related equipment.
The Legal Drone does not provide legal advice. Rather, the Site, its services, and related content on the Site is for informational purposes only. If you need legal advice, you should speak with a licensed attorney. Nothing contained on the Site is intended to substitute for legal advice from a qualified, licensed attorney that can advise you regarding your specific situation. Even if you complete any of The Legal Drone’s contact forms or are involved in any e-mail correspondence or courses, no attorney-client relationship has been formed. You agree to complete your own due diligence and make a decision on attorney representation exclusively on your own.
When using the Site, you may have an opportunity to contact an attorney that is knowledgeable in the laws and regulations governing the commercial use of drones in the United States (“Performing Attorney”). A Performing Attorneys is a third-party independent contractors that has agreed to provide limited consultations or legal reviews to users of the Site. If you choose to communicate with a Performing Attorney through The Legal Drone or the Site, please know the following:
- The Legal Drone is not involved in any interactions between you and the Performing Attorney or any potential business relationships that may form between you and the Performing Attorney. Any interactions or business relationships are only between you and the Performing Attorney.
- By using the Site and its associated services, you acknowledge that The Legal Drone may share your personally identifiable information with a Performing Attorney in order to allow the Performing Attorney to properly address your legal issues.
- If you desire to enter into an attorney-client relationship with a Performing Attorney that extends beyond your use of The Legal Drone’s services, the relationship will be governed only by the terms that you establish with the Performing Attorney. Those terms do NOT involve The Legal Drone. At their sole discretion, a Performing Attorney maintains the right to refuse to perform legal services on your behalf.
- No content guarantees
The information on the Site should not be considered complete or up to date. You agree to hold The Legal Drone harmless for any errors, omissions, or misrepresentations contained within the Site’s content. Your reliance upon any information provided by The Legal Drone, Performing Attorneys, The Legal Drone’s employees, others appearing on the Site at invitation by The Legal Drone, or other visitors or users of the Site is used at your own risk.
The Legal Drone does not involve itself in any potential agreement between you and a Performing Attorney and is not responsible for any expectations or outcomes of that relationship. Only You can assess a Performing Attorney and You are solely responsible for doing so. You also understand that The Legal Drone is not obligated to provide support or logistics regarding that relationship.
- General Representation and Warranty.
You represent and warrant that your use of our Site:
- Will be in strict accordance with these Terms;
- Will comply with all applicable laws and regulations (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from the United States or the country in which you reside, privacy, and data protection); and
- Will not infringe or misappropriate the intellectual property rights of any third party.
Our Site is not directed to children. Access to and use of our Site is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Site. Any person who registers as a user or provides their personal information to our Site represents that they are 13 years of age or older (16 years or older in the European Union).
- Ownership of Site
Aside from anything you choose to post, you acknowledge and agree that The Legal Drone is the owner of, or has rights in and to, the Site and all of the content and intellectual property on the Site.
- Intellectual Property
These Terms do not transfer from The Legal Drone to you any The Legal Drone or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with The Legal Drone. The Legal Drone, TheLegalDrone.com, the TheLegalDrone..com logo, and all other trademarks, service marks, graphics and logos used in connection with TheLegalDrone.com or our Site, are trademarks or registered trademarks of The Legal Drone or The Legal Drone’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Site grants you no right or license to reproduce or otherwise use any The Legal Drone or third-party trademarks.
- Your Content
You keep full ownership rights to anything you post, upload and/or submit to the Site, including, but not limited to, photographs, videos, and text. You understand that The Legal Drone does not guarantee the confidentiality of any content submitted to the Site and other users may view such content.
By submitting content to The Legal Drone for inclusion on the Site, you grant The Legal Drone and any of its affiliates a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt or publish the content and make it available for any purpose regardless of the form. This license terminates within a commercially reasonable time after your content is removed or deleted from the Site. Also, you understand and agree that The Legal Drone may keep archives of your content.
Your content must be compliant with The Legal Drone’s Copyright Policy, included below.
- Prohibited Uses
You will not use the Site to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the intended purpose of the Site.
Specifically, you agree not to:
- Publish material or engage in activity that is illegal under applicable law.
- Use the Site to overburden The Legal Drone’s systems, as determined by us in our sole discretion.
- Disclose the sensitive personal information of others.
- Send spam or bulk unsolicited messages.
- Interfere with, disrupt, or attack any service or network.
- Distribute material that is or enables malware, spyware, adware, or other malicious code.
Your violation of any term or condition of this section may result in the immediate termination of your registration account and profile and the disabling of your access to the Site.
- Third Party Links
You understand that the Site may contain links to third party websites, applications, or services that The Legal Drone does not own or control. You agree that The Legal Drone will not be held responsible or liable for the content of third party websites, applications, or services and that The Legal Drone’s inclusion of those websites, applications, or services within its Site does not constitute The Legal Drone’s endorsement of or recommendation of any of those websites, applications, or services. The Site, though, may contain links to third party websites, applications, or services that are affiliates of The Legal Drone and from which The Legal Drone may receive payment. Specifically, The Legal Drone is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for websites to earn advertising fees by advertising and linking to amazon.com. Amazon and the Amazon logo are trademarks of Amazon.com, Inc, or its affiliates.
- We Don’t Endorsement Anyone
The Legal Drone does not endorse or recommend any commercial product, process, or service. The views and opinions of users, contributors, and others expressed on this Site do not necessarily state or reflect those of The Legal Drone and are not intended to be used for advertising or product endorsement purposes.
- Termination
These Terms will remain in effect so long as the Site is in operation. The Legal Drone may terminate your access to all or any part of our Site at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate these Terms or your account (if you have one), you may simply discontinue using our Site. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties
Our Site is provided “as is.” The Legal Drone and its suppliers and licensors disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither The Legal Drone nor its suppliers and licensors, makes any warranty that our Site will be error free or that access to it will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Site at your own discretion and risk.
- Jurisdiction and Applicable Law
Except to the extent applicable law, if any, provides otherwise, these Terms, any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California.
- Arbitration Agreement.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under these Terms shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Cincinnati, Ohio, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce these Terms shall be entitled to costs and attorneys’ fees.
- Limitation of Liability.
In no event will The Legal Drone, or its suppliers or licensors, be liable with respect to any subject matter of these Terms under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to The Legal Drone under these Terms during the twelve (12) month period prior to the cause of action. The Legal Drone shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Assignment
You may not assign your rights and obligations under these Terms. The Legal Drone may assign its rights and obligations under these Terms at any time, including but not limited to, in the sale of the Site.
- US Economic Sanctions.
You expressly represent and warrant that your use of our Site and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and The Legal Drone reserves the right to terminate accounts or access of those in the event of a breach of this condition.
- Indemnification.
You agree to indemnify and hold harmless The Legal Drone, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of these Terms, materials (such as computer software, items for sale, or content) that you post, and any ecommerce activities conducted through your or another user’s site.
- Translation.
These Terms were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
- Miscellaneous.
These Terms constitutes the entire agreement between The Legal Drone and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of The Legal Drone, or by the posting by The Legal Drone of a revised version.
If any part of these Terms is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under these Terms to any party that consents to, and agrees to be bound by, its terms and conditions; The Legal Drone may assign its rights under these Terms without condition. These Terms will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
- Privacy Policy
The Legal Drone incorporates its Privacy Policy to these Terms.
- Copyright Policy
The Legal Drone’s Site and its associated content and services are © 2019 Zachary P. Elliott.
Any user of the Site is prohibited from posting any content that would violate someone else’s intellectual property rights. Unless you are informed otherwise, the Site and any content that is on it are the Property of The Legal Drone. This means it is protected by copyright and other intellectual property laws. Your use of this site also means that you will not use any kind of automated program to index, aggregate, or download any information on the Site.
If you think that a user of the Site has infringed on your copyright rights, you should send The Legal Drone a notice of copyright infringement in compliance with § 512 of the Digital Millennium Copyright Act. Once The Legal Drone is in receipt of a valid and complete notice, we will investigate and remove the material, as well as making a good faith attempt to contact the user who uploaded the material. The uploader of the potentially offending content may counter the notice, if they choose to do so.
Any notice of copyright infringement needs to be in compliance with § 512 of the Digital Millennium Copyright Act and must contain the signature (physical or electronic) of the copyright holder or someone that is authorized to act on their behalf; Identification of the copyrighted work or works you believe has been infringed; a link or the URL of the copyrighted work on the Site; Your contact information, including your address, telephone, fax number, or email address; a statement or acknowledgment that you have a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and a statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.
Notifications of copyright infringement may be submitted to The Legal Drone’s Copyright Agent: Zachary P. Elliott, P.O. Box 584, Burlington, KY 41005; with a copy via email to info@thelegaldrone.com
- Notice
Any notice required by this Terms must be in writing, and must be mailed by certified mail with return receipt requested to:
Zachary P. Elliott, P.O. Box 584, Burlington, KY 41005; with a copy via email to info@thelegaldrone.com